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Blue Ash Overview
Codified Ordinances of Blue Ash, OH
CODIFIED ORDINANCES OF THE CITY OF BLUE ASH, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 92-59
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 507 Anti-Litter Regulations
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 523 Sale, Possession and Use of Cigarettes and Other Tobacco Products
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - PROPERTY STANDARDS
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   513.11 POSSESSING NITROUS OXIDE IN MOTOR VEHICLE.
   (a)   As used in this section, “motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01.
   (b)   Unless authorized under Ohio R.C. Chapter 3719, 4715, 4729, 4731, 4741 or 4765, no person shall possess an open cartridge of nitrous oxide in either of the following circumstances:
      (1)   While operating or being a passenger in or on a motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking;
      (2)   While being in or on a stationary motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking.
   (c)   Whoever violates this section is guilty of possessing nitrous oxide in a motor vehicle, a misdemeanor of the fourth degree.
   (d)   In addition to any other sanction imposed upon an offender for possessing nitrous oxide in a motor vehicle, the court may suspend for not more than five years the offender's driver's or commercial driver's license or permit.
(ORC 2925.33; Ord. 2017-10. Passed 8-10-17.)
   513.12 DRUG PARAPHERNALIA.
   (a)   As used in this section, "drug paraphernalia" means any equipment, product or material of any kind that is used by the offender, intended by the offender for use or designed for use, in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance in violation of this chapter or Ohio R.C. Chapter 2925. "Drug paraphernalia" includes, but is not limited to, any of the following equipment, products or materials that are used by the offender, intended by the offender for use or designated by the offender for use, in any of the following manners:
      (1)   A kit for propagating, cultivating, growing or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived;
      (2)   A kit for manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
      (3)   Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine or any salt, isomer, or sale of an isomer of methamphetamine;
      (4)   An isomerization device for increasing the potency of any species of a plant that is a controlled substance;
      (5)   Testing equipment for identifying, or analyzing the strength, effectiveness or purity of, a controlled substance, except for those exempted in subsection (d)(4) of this section;
      (6)   A scale or balance for weighing or measuring a controlled substance;
      (7)   A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, for cutting a controlled substance;
      (8)   A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana;
      (9)   A blender, bowl, container, spoon or mixing device for compounding a controlled substance;
      (10)   A capsule, balloon, envelope or container for packaging small quantities of a controlled substance;
      (11)   A container or device for storing or concealing a controlled substance;
      (12)   A hypodermic syringe, needle or instrument for parenterally injecting a controlled substance into the human body;
      (13)   An object, instrument or device for ingesting, inhaling or otherwise introducing into the human body, marihuana, cocaine, hashish or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic or ceramic pipe, with or without a screen, permanent screen, hashish head or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller.
   (b)   In determining if any equipment, product or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, the following:
      (1)   Any statement by the owner, or by anyone in control, of the equipment, product or material, concerning its use;
      (2)   The proximity in time or space of the equipment, product or material, or of the act relating to the equipment, product or material, to a violation of any provision of this chapter or Ohio R.C. Chapter 2925;
      (3)   The proximity of the equipment, product or material to any controlled substance;
      (4)   The existence of any residue of a controlled substance on the equipment, product or material;
      (5)   Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the equipment, product or material, to deliver it to any person whom the owner or person in control of the equipment, product or material knows intends to use the object to facilitate a violation of any provision of this chapter or Ohio R.C. Chapter 2925. A finding that the owner, or anyone in control, of the equipment, product or material, is not guilty of a violation of any other provision of this chapter or Ohio R.C. Chapter 2925, does not prevent a finding that the equipment, product or material was intended or designed by the offender for use as drug paraphernalia;
      (6)   Any oral or written instruction provided with the equipment, product or material concerning its use;
      (7)   Any descriptive material accompanying the equipment, product or material and explaining or depicting its use;
      (8)   National or local advertising concerning the use of the equipment, product or material;
      (9)   The manner and circumstances in which the equipment, product or material is displayed for sale;
      (10)   Direct or circumstantial evidence of the ratio of the sales of the equipment, product or material to the total sales of the business enterprise;
      (11)   The existence and scope of legitimate uses of the equipment, product or material in the community;
      (12)   Expert testimony concerning the use of the equipment, product or material.
   (c)   (1)   Subject to subsection (d)(2), (d)(3) and (d)(4) of this section, no person shall knowingly use, or possess with purpose to use, drug paraphernalia.
      (2)   No person shall knowingly sell, or possess or manufacture with purpose to sell, drug paraphernalia, if the person knows or reasonably should know that the equipment, product or material will be used as drug paraphernalia.
      (3)   No person shall place an advertisement in any newspaper, magazine, handbill or other publication that is published and printed and circulates primarily within this State, if the person knows that the purpose of the advertisement is to promote the illegal sale in the State of the equipment, product or material that the offender intended or designed for use as drug paraphernalia.
   (d)   (1)   This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4730, 4731, and 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10.
      (2)   Subsection (c)(1) of this section does not apply to a person's use, or possession with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body marihuana.
      (3)   Division (B)(2) of Ohio R.C. 2925.11 applies with respect to a violation of subsection (c)(1) of this section when a person seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person experiences a drug overdose and seeks medical assistance for that overdose, or a person is the subject of another person seeking or obtaining medical assistance for that overdose.
      (4)   Subsection (c)(1) of this section does not apply to a person’s use, or possession with purpose to use, any drug testing strips to determine the presence of fentanyl or a fentanyl-related compound.
   (e)   Notwithstanding Ohio R.C. Chapter 2981, any drug paraphernalia that was used, possessed, sold or manufactured in violation of this section shall be seized, after a conviction for that violation shall be forfeited, and upon forfeiture shall be disposed of pursuant to Ohio R.C. 2981.12.
   (f)   (1)   Violations of subsection (c)(1) hereof shall be subject to the penalty provided in Section 501.99(d).
      (2)   Except as provided in subsection (f)(3) hereof, whoever violates subsection (c)(2) hereof is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree.
      (3)   Whoever violates subsection (c)(2) hereof by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree.
      (4)   Whoever violates subsection (c)(3) hereof is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree.
   (g)   In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender's driver's or commercial driver's license or permit. However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender's driver's or commercial driver's license or permit for not more than five years. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with Ohio R.C. 2925.38.
(ORC 2925.14; Ord. 2017-10. Passed 8-10-17; Ord. 2024-03. Passed 4-11-24.)
   513.121 MARIHUANA DRUG PARAPHERNALIA.
   (a)   As used in this section, "drug paraphernalia" has the same meaning as in Section 513.12.
 
   (b)   In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, all factors identified in subsection (b) of Section 513.12.
 
   (c)   No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body marihuana.
 
   (d)   This section does not apply to any person identified in subsection (d)(1) of Section 513.12 and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10.
 
   (e)   (1)   Subsection (e) of Section 513.12 applies with respect to any drug paraphernalia that was used or possessed in violation of this section.
      (2)   Division (B)(2) of Ohio R.C. 2925.11 applies with respect to a violation of this subsection when a person seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person experiences a drug overdose and seeks medical assistance for that overdose, or a person is the subject of another person seeking or obtaining medical assistance for that overdose.
   (f)   (1)   Whoever violates subsection (c) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.
      (2)   Arrest or conviction for a violation of subsection (c) of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.
   (g)   (1)   In addition to any other sanction imposed upon an offender for a violation of this section, the court shall do the following if applicable:
         A.   If the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.
         B.   If the offender is a professionally licensed person, the court immediately shall comply with Ohio R.C. 2925.38.
            (ORC 2925.141; Ord. 2017-10. Passed 8-10-17; Ord. 2024-03. Passed 4-11-24.)
   513.13 POSSESSION OF COUNTERFEIT CONTROLLED SUBSTANCES. 
   (a)    No person shall knowingly possess any counterfeit controlled substance.
   (b)    Whoever violates this section is guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.
(ORC 2925.37; Ord. 97-2. Passed 1-9-97.)
   (c)   The court may suspend for not more than five years the offender's driver's or commercial driver's license or permit. However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender's driver's or commercial driver's license or permit for not more than five years.
(ORC 2925.37; Ord. 2017-10. Passed 8-10-17.)
   513.14 ILLEGAL USE, SALE OR POSSESSION OF TOXIC GLUE.
   (a)   "Toxic glue" as used herein means any compound, narcotic, drug, solution, mixture or chemical or liquid containing any toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone or any other substance containing volatile solvents releasing noxious or toxic vapors so as to cause a condition of excitement, intoxication, stupification, dizziness or changing or distorting the audio, visual or mental processes.
   (b)   No person shall inhale, drink, breath, eat or otherwise introduce into his respiratory or circulatory system any "toxic glue" with the intention of becoming intoxicated, elated, paralyzed, irrational or in any manner changing, distorting or disturbing the eyesight, thinking process, judgment, balance or coordination. For the purpose of this section, any condition so induced shall be deemed an intoxicated condition.
   (c)   No person shall, for the purpose of violating or aiding another to violate any provision of this section, intentionally possess, buy, sell, transfer possession or receive possession of any "toxic glue".
   (d)   No person shall sell or transfer possession of any "toxic glue" to a person under twenty-one years of age; provided however, such a sale or transfer shall be lawful under one or more of the following conditions:
      (1)   "Toxic glue" is included as a part of a kit, package or other container which does also contain parts intended to be assembled by use of such "toxic glue" into model airplanes, automobiles, boats, animals or other similar items.
      (2)   The "toxic glue" is sold or transferred as a part of one transaction involving the sale or transfer of a kit containing models of the type mentioned in subsection (d)(1) hereof but not containing "toxic glue"; which "toxic glue" is necessary for the assembly of such models.
         (Ord. 82-111. Passed 11-11-82.)
   (e)   Whoever violates this section is guilty of a misdemeanor of the third degree.
   513.15 HALLUCINOGENS.
   (a)   No person shall, with intent to produce hallucinations or illusions, purchase, use, possess or have under his control any hallucinogen. Possession or control of any hallucinogen specifically named in Ohio R. C. 3719.41 constitutes prima-facie evidence of a violation of this section, except that this section does not apply to the use, possession or control of any hallucinogen by licensed manufacturers, wholesalers, pharmacists, owners of pharmacies, physicians and other persons for research, clinical or medicinal purpose authorized by federal law or State law or any rules or regulations adopted pursuant thereto.
   (b)   No person shall induce or attempt to induce another person to unlawfully use or administer any hallucinogen; or employ, induce or use a minor to unlawfully transport, carry, dispense, produce or manufacture any hallucinogen; or induce or attempt to induce a minor to violate any of the provisions of this section; or induce or attempt to induce a minor to use any hallucinogen except in accordance with a prescription issued by a physician.
(Ord. 82-111. Passed 11-11-82.)
   (c)   Violations of this section shall be subject to the penalty provided in Section 501.99(d).
   513.16 BARBITURATES AND AMPHETAMINES.
   (a)   No person shall, with intent to produce intoxication, elation, paralysis, irrational conduct or the changing, distortion or disturbance of the thinking process, judgment, balance or coordination, use any barbiturate or amphetamine, as defined in Ohio R. C. 3719.41. Provided however, this section does not apply to the use of any barbiturate or amphetamine by licensed manufacturers, wholesalers, pharmacists, owners of pharmacies, physicians and other persons for research, clinical or medicinal purposes authorized by federal law or State law or any rules or regulations adopted pursuant thereto.
   (b)   No person shall induce or attempt to induce another person to unlawfully use any barbiturate or amphetamine; or employ, induce or use a minor to unlawfully transport, carry, dispense, produce or manufacture any barbiturate or amphetamine; or induce or attempt to induce a minor to violate any of the provisions of this section.
(Ord. 82-111. Passed 11-11-82.)
   (c)   Whoever violates this section is guilty of a misdemeanor of the third degree.
   513.17 PROHIBITION AGAINST POSSESSION OF DANGEROUS DRUGS.
   (a)   No person, except a licensed terminal distributor of dangerous drugs or a practitioner, shall purchase for the purpose of resale, possess for sale or sell, at retail, dangerous drugs.
   The possession by any person, other than a practitioner, registered wholesale distributor of dangerous drugs, or licensed terminal distributor of dangerous drugs, of any dangerous drugs other than insulin or drugs obtained lawfully for medical purposes from or upon the prescription of a practitioner, shall constitute presumptive evidence that such person is in violation of this section.
   (b)   "Dangerous drug" means any drug which, under the "Federal Food, Drug, and Cosmetic Act," federal narcotic law, Ohio R. C. 3715.01 to 3715.72 or Ohio R. C. Chapter 3719, may be dispensed only upon a prescription.
(Ord. 87-50. Passed 4-23-87.)
   (c)   Whoever violates this section is guilty of a misdemeanor of the third degree.
   513.18 OFFENDER MAY BE REQUIRED TO PAY FOR CONTROLLED SUBSTANCE TESTS.
   In addition to the financial sanctions authorized or required under Ohio R.C. 2929.18 and 2929.28 and to any costs otherwise authorized or required under any provision of law, the court imposing sentence upon an offender who is convicted of or pleads guilty to a drug abuse offense may order the offender to pay to the state, municipal, or county law enforcement agencies that handled the investigation and prosecution all of the costs that the state, municipal corporation, or county reasonably incurred in having tests performed under Ohio R.C. 2925.51, or in any other manner on any substance that was the basis of, or involved in, the offense to determine whether the substance contained any amount of a controlled substance if the results of the tests indicate that the substance tested contained any controlled substance. No court shall order an offender under this section to pay the costs of tests performed on a substance if the results of the tests do not indicate that the substance tested contained any controlled substance.
   The court shall hold a hearing to determine the amount of costs to be imposed under this section. The court may hold the hearing as part of the sentencing hearing for the offender.
(ORC 2925.511)
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